The Supreme Court on Friday sharply reprimanded an advocate who had moved to the top court against a criminal contempt notice issued to him for a verbal spat with a Jharkhand High Court judge during courtroom
proceedings last year.
The bench expressed displeasure over the manner in which submissions were made, stressing that advocacy must be aimed at aiding the judicial process and not at making rhetorical or defiant points.
Advocate Mahesh Tiwari was involved in a heated exchange with Justice Rajesh Kumar on October 16, a video of which later went viral on social media. During the exchange, Tiwari was heard telling Justice Kumar to “not cross the limit.”
The Jharkhand High Court subsequently issued a criminal contempt notice against him, prompting him to approach the Supreme Court. However, he received no relief from the apex court.
“He just wants an order from the Supreme Court to show ‘kya bigaad liya mera’ (you could not do anything against me),” Chief Justice of India Surya Kant said, while slamming Tiwari for moving the top court against the high court’s contempt proceedings, NDTV reported.
“If he wants to apologise, he should apologise… If he wants to show his eyes to judges, then he may go ahead. We are sitting here, and we will also see then,” the Chief Justice said.
The Supreme Court also directed the high court to consider showing leniency if he offers an apology.
Mahesh Tiwari got into a heated exchange with Justice Rajesh Kumar while representing his client, a widow, whose electricity connection had been disconnected over dues of Rs 1.30 lakh.
During the hearing, he stated that his client was willing to deposit ₹25,000 to restore the electricity connection. However, Justice Kumar referred to a judicial precedent mandating a deposit of 50 percent of the total outstanding dues.
The matter got resolved after Tiwari agreed to have his client deposit a sum of Rs 50,000. The issue, however, got escalated after the conclusion of Tiwari’s case.
As the court moved on to the next case, Justice Kumar reportedly commented on the way Tiwari had presented his arguments. The bench then directed the chairman of the Jharkhand State Bar Council, who was present in court, to take note of the advocate’s conduct.
Then Tiwari stood up, approached the bench, and pointed at the judge, and said, “I can argue in my own way, not in your way in which you say. Please mind that… Don’t try to humiliate any advocate, I am telling you.”
“You can’t say the court is doing injustice,” the judge shot back.
“Did I say that?” the lawyer asked. He further asked the judge to review the live video recording.
“Please see the recording. I only prayed before your lordship… The country is burning with the judiciary. These are my words. Don’t try to humiliate any advocate. You know a lot because you are a judge and we are advocates? I will argue in my own way. Don’t cross the limit. Please, don’t cross the limit. I have already practiced for the last 40 years,” Tiwari said, and walked out.
A five-judge bench headed by Jharkhand High Court Chief Justice Tarlok Singh Chauhan subsequently issued a contempt notice.
